Anticompetitive aspects of market-share discounts and other incentives to exclusive dealing

Article Abstract:

The authors explore the relationship between market-share discounts and exclusive dealing law and conclude that exclusive dealing law should apply to discounts structured to result in or partial or total exclusivity.

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Proof of competitive effects in monopolization cases: a response to Professor Muris

Article Abstract:

The authors address criticism by Timothy Muris of the legal standards applied by the FCC in antitrust cases.

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Consumer sovereignty: a unified theory of antitrust and consumer protection law

Article Abstract:

Consumer protection laws and antitrust laws should be seen as two components of a unified theory of consumer sovereignty, but the distinction between the two areas of law should be retained. Antitrust law focuses on distortions or restrictions of consumer choices that would otherwise be available, and consumer protection law focuses on interferences with the choices consumers face in the market. Practitioners, economists and agencies should see the two fields as interrelated and complementary. The dual jurisdiction of the Federal Trade Commission suggests the merit of this approach.

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